The following General Terms and Conditions regulate the contractual relationship between the guest (hereinafter the "Client") Daniele Gazzano, headquartered in Sorso (SS),loc. Lu Padru Snc, C.F. GZZDNL80R25I452K (hereinafter the "Company") following the booking and payment of the accommodation chosen among those on the portal www.vivisardinia.com (hereinafter the "Site") concluded at a distance in a direct or indirect way, through any mobile device, by e-mail or by phone.

 

Daniele Gazzano is a Property manager i.e. a person who works professionally in the management of real estate and / or accommodation of third party owners with the purpose of leasing them for purposes other than housing, with particular reference to the tourism sector. At the same time, vivisardinia.com is the company that provides ancillary services during the stay of its Clients, such as the provision of linen and cleaning of the premises, assistance in case of breakdowns or malfunctions of the property's equipment, promotion of experiences in the area. The following general conditions govern the terms and conditions of the agreement between the Company and the Client who books and purchases the services provided by vivisardinia.com through the Site.

 

On the other hand, the services provided by vivisardinia.com must be distinguished from the short term or transient rental contract having as its object the chosen accommodation stipulated between the Client and the Company which, in its capacity as an agent with the relative power of representation, acts in the name and on behalf of the owners of the accommodation thus generating contracts whose legal effects are directly attributed to them in accordance with art. 1388 c.c. The client is required to accept these General Terms and Conditions and Terms of Use governing the services of vivisardinia.com as well as the prodromal phase of the stipulation of the lease contract to which will be entrusted the regulation of the relationship between the Client and the owner of the accommodation with regard to duration, price, applicable taxes and the regulations governing the stay.

 

The customer is therefore obliged to read in full the General Terms and Conditions and Terms of Use as well as any special conditions applicable to individual services, made available on the Site before making a reservation as well as, during the subsequent stages of online check-in, to read in advance the short lease contract and its annexes. When confirming a reservation or purchasing a service offered by the Company, by ticking the checkmark to read this document, you automatically accept the General Terms and Conditions described herein. The Company points out that the acknowledgement checkmark on the Site prevents continuation in the next steps of the reservation. The General Terms and Conditions may be changed by the Company unilaterally and at any time, without prior notice, it being understood that such changes will not be applied to orders placed by the Customer prior to such change.
 

Method of Reservation

The online booking platform accessible from the website of vivisardinia.com allows the Client to view and consult the availability and prices in real time of the accommodations managed by vivisardinia.com. or its Local Managers. If the chosen accommodation is free for the selected period, in order to conclude and confirm the reservation the Client must make payment of the amount shown in the order summary by credit card following the guided instructions. Upon successful payment, the Company will send the Client a Booking Confirmation e-mail containing details of the amount paid, length of stay, number of occupants as well as any additional services.

 

Reservations on the Site are distinguished into refundable and nonrefundable. Depending on the mode of reservation, the making of the payment constitutes a deposit pursuant to Article 1385 of the Italian Civil Code (in the case of refundable reservations) or an actual advance payment (in the case of non-refundable reservations). The reservation can never be considered confirmed until the payment is successful and the Client has received the Booking Confirmation email.
The reservation is valid as a mini-contract for all legal purposes of law and commits the Client to enter into the rental agreement upon check-in which, at the Client's choice, may be signed concurrently upon arrival at the accommodation or by the Local Manager or remotely by means of the online check-in and signature methods of the same via OTP technology integrated into this Site.

 

Fees and Payment
The lodging rate is indicated in the order summary which is to be understood as including, in addition to the rent, the cleaning costs and ancillary services provided by vivisardinia.com before any statutory taxes or fees. For leases of less than one month, the total amount must also be understood to include energy and gas consumption, heating and water, garbage tax and condominium charges. The balance of the amount of the stay for the period indicated will have already been paid in full by the Client to the Company at the time of booking by means of payment by credit card or must be paid prior to check-in, whether at the time of arrival at the accommodation or online, or even in the event of an untimely cancellation of the reservation in accordance with the timelines indicated in the "Cancellation of Reservations" section.

 

Any other optional services offered by the Company and chosen by the Client will be invoiced with application of VAT at 22% as per law. The rate does not include the tourist tax, which must be paid in cash or by credit card upon check-in in accordance with the regulations of the municipality where the accommodation is located. The rate also does not include any damage caused to the property or the movable property that provides it by the Client whose costs of repair and / or remission in pristine condition have been predetermined by vivisardinia.com, in the best interest of the Client, in a special list (identified as "Annex A" in the relevant contract). The items indicated in the aforementioned table are exclusive of VAT.

 

Reservation cancellation
In the case of a refundable rate, the customer may cancel or change the reservation with the right to a full refund of the amount paid before check-in according to the booking summary received at the time of booking. In the event of cancellation or modification after the aforementioned deadlines, the reservation can no longer be refunded. Non-refundable rates are not changeable and, at the time of booking, prepayment of the entire stay is required with the exclusion of the right to a refund even in case of cancellation or modification.

 

In each of the aforementioned cases, the client's failure to check in will result in the payment of the total amount of the reservation. The Client acknowledges that any charge, in whole or in part, of the cost of the reservation due to an untimely cancellation constitutes an adequate and reasonable form of compensation for pre-contractual liability to vivisardinia.com and the owner of the accommodation by reason of lost opportunities to rent the same accommodation to other potential Clients. Therefore, whenever the Client views an offer for a particular property under the wording "non-refundable" the Company makes it known to the latter pursuant to Art. 51, co. 2, Legislative Decree 206/05 that the relevant reservation will result in a non-repeatable payment obligation.

 

Any request to change the reservation is subject to approval and availability by vivisardinia.com. or the managing partner of the accommodation and upon notification by email at booking@vivisardinia.com or telephone request to the Company's reservation office. In the event of a request to change the dates of the stay, the number of guests or a change of accommodation, there are surcharges that will be requested based on availability and depend on the period of the stay. The booking service provided by vivisardinia.com constitutes a provision of accommodation for non-residential purposes so that it is expressly excluded the discipline on the exercise of the right of withdrawal provided for in art. 59 lett n) Legislative Decree 206/05 (so-called Consumer Code) with full operation of the cancellation policies provided herein by the Company and the charges of the related costs to Customers according to the refund policies described in this paragraph.

 

check-in e check-out
The client must confirm the check-in time in the manner indicated in the Booking Confirmation e-mail or otherwise by an express communication sent to vivisardinia.com. prior to arrival. Check-in will take place according to the defined times and in two ways: at the apartment or at the reference Welcome Point. Upon check-in, the Client gives the Company's representative the identification documents for each adult and minor person who will use the accommodation for identification to the security organs (State Police). Identification documents valid for this purpose are: ID card or driver's license for Italian and EU citizens, Passport for non-EU citizens. Failure to show the identity documents of each guest will result in being banned from the accommodation.

 

The Client agrees not to accommodate more people than indicated in the Booking Confirmation. Failure to comply with this obligation will result in the Client's obligation to pay the Company the penalty stipulated in the Rental Agreement. The Client undertakes to sign - in virtual or paper form - the Short Tourist Lease or Accommodation Agreement that will be concluded in accordance with the regulations in force on the national territory (Law No. 431, December 9, 1998).

 

As an alternative to the stipulation in presence and on a paper document, the contract can be viewed and signed in virtual form, through the check-in procedure integrated into the Site at the section called "Online Check-in", through SMS authorization with a unique OTP (One Time Password) code that will be delivered to the guest's cell phone number, as a private device associated with the person thus allowing the unique identification of the signer. A signature affixed via OTP Service is an advanced electronic signature (FEA) and has the same legal validity as an electronic or handwritten signature.

 

The service is provided by Solution Plus Srl, which has delegated the management of personal data such as e-mail and telephone number for the sole purpose of the service. By signing the contract you accept the conditions and rules of the Accommodation better described in the relevant contract as well as the condominium regulations, in case the accommodation is part of a condominium. For reservations of less than thirty days, a credit card will be required to guarantee any damages (Postepay, Debit Card or prepaid cards of any kind will not be accepted). If no credit card is available as a guarantee, a cash deposit is required and will be returned after checking for any damages in the apartment.

 

The Client agrees to allow the Company's appointee, and/or third parties appointed by the Company, identifiable upon the Client's request, to have access to the accommodation in order to carry out any necessary repairs and/or maintenance. Except in cases of emergency, the Client will be informed in advance through his contact details and, if he does not provide a response in time, the Company's appointee, will be allowed access to the accommodation. The return of the keys is mandatory according to the modalities that will be communicated at check-in and according to the availability of the staff of vivisardinia.com

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Security Deposit

When provided and explicitly stated on the accommodation detail page on the Site or in the Online Check-in section, upon handing over the keys, the Client pays the check-in agent the amount of the security deposit. The security deposit required depends on the duration of the lease, the type of accommodation of particular value and/or the presence of animals. The security deposit will be returned in full to the Client at the end of the stay, after the termination of the Contract. It is understood that, in the event of ascertainment of damage caused by the Client to the accommodation, the Company shall have the right to retain the security deposit, without prejudice, in any case, to its right to compensation for any greater damage.

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Change of reservation
The Company reserves the right to propose the replacement of the accommodation with another of equal or superior quality if, for causes not attributable to itself, it is unable to ensure the Client's entry into the property and stay in the manner indicated in the Booking Confirmation. Non-attributable causes include, but are not limited to, sudden problems with the plumbing or electrical system, failure of the contracted company to clean, or any other reason that makes it impossible for the Client to stay in the accommodation for the protection of his/her safety or health.

 

The Company undertakes to promptly notify the need to change the reservation with the new accommodation proposal in writing by sending an e-mail to the same address with which the Client made his reservation. However, the change of reservation is confirmed subject to the consent of the Client, which may be communicated expressly, by written or telephone feedback, or tacitly. Consent to the change of reservation is considered to be granted by the Client in tacit form in the event of failure to respond within 3 days after the Company sends the communication containing the proposed change.

 

In the event that accommodation of the same value as that booked by the Client is not available, but only of a higher value, the Company reserves the right to ask for a price supplement with respect to that previously accepted and/or paid by the Client, subject in any case to the Client's consent in accordance with the same mechanism that governs the collection of consent to the change of reservation. In the event of refusal of consent to the change of reservation or to the request for a supplement, the Client's right to freely withdraw from his original reservation is guaranteed with the obligation on the part of the Company to return what was received by way of price or deposit.

 

Rules of Residence in the Accommodation

The Client undertakes to use the lodging with care, keeping it clean, refraining from any act that may cause any damage to it and/or to its appurtenances and/or to its common parts and/or to the movable property that supplies it. In the case of accommodation included in a condominium reality, the Client agrees not to disturb the residents in the condominium during his entire stay in the accommodation. It is forbidden to use the Lodging for illicit acts, and it is forbidden to reproduce and/or hand over to third parties the keys of the Lodging and/or to reveal to third parties any access codes to it. Loss/breakage of keys and/or lock will result in compensation for the cost of a new lock and 5 new sets of keys.

 

The Client agrees to observe, throughout the rental period, the ordinary precautions and security measures designed to prevent strangers from entering the Lodging. It is understood that in the event of failure to comply with this obligation, the Client shall be liable for any damage caused to the Lodging and/or property therein. Unless expressly authorized in writing by the Company, the Client is prohibited from housing animals of any kind or smoking inside the Lodging.

 

In order to reduce the environmental impact and comply with current regulations, it is the Client's care and obligation to properly separate waste by following the indications of the reference municipality or, where present, those within the Lodging. For stays of 1 to 3 nights, waste may be left inside the Lodging and will be disposed of by the cleaning company. For stays of 4 nights or more, the Client must dispose of the garbage himself/herself in the appropriate condominium premises. For any doubts, the Client is requested to refer to the check-in receptionist.

 

Reservations longer than 30 days

Requests for reservation of accommodation for a period of time longer than 30 days should be made by explicit request through the Company's contacts. The Client will be contacted by the Company, which will send an estimate and make one of its representatives available for possible free inspections of one or more apartments. The reservation will be concluded only when the Client has signed the Lease Agreement. Before that date no apartment will be locked or optioned. Rates are non-refundable and at the time of booking, prepayment of the first month's rent, security deposit and initial and final cleaning, plus any agreed Extras is required. Payment can be made by credit card or bank transfer.

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Penalties & Limitation of Liability

The short lease contract contains an annex that predetermines the costs for the compensation of any damage done to the property and/or the property providing it. By entering into the contract, the Client expressly acknowledges the appropriateness of these amounts in the event that the damage is actually found upon return of the property. The contract also provides for a penalty equal to 200% of the rent that the Client must pay to the Company in the event of violation of specific rules of conduct set by vivisardinia.com to guard the effectiveness of the rules dictated by the Consolidated Text of the Laws of Public Security (so-called TULPS) so that the Client acknowledges that this penalty is entirely proportional and adequate to create a suitable deterrent effect to guard against regulations of public relevance. In the event of any damage caused to the property or to the property supplying it, the Company shall have recourse to the security deposit, without prejudice to the right to compensation for any greater damage suffered. The Company shall never be responsible for any theft suffered by the Client, whether by breaking and entering or tampering at the entrance or in any other manner within the Accommodation. The Client agrees, therefore, not to leave his/her property and personal effects unattended within the Lodging. The Company will not be liable to the Client for any suspensions and/or blameless interruptions of the supply of electricity and/or gas and/or water and/or Internet but only of the services that depend on its business according to the provisions of the following paragraph regulating "Complaints and Contact Details".

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The Company clarifies that any complaint, action, claim arising out of the lease agreement and therefore out of the relationship with the leased thing - such having to be understood, for the purposes of example only, as defects in the cooling, heating, gas, water, and electrical systems, interruption in the supply of utilities and/or the Internet network due to the negligence of the landlord, defects in the property such as infiltration or ruin of the same - must be addressed to the owner of the property as identified and domiciled in the relevant contract.

 

Complaints and contact information
For any information or complaint regarding the services rendered by the Company and better listed in the first paragraph of this information document, it is hereby notified that formal written communication may be sent to the following e-mail address assitenza@vivisardinia.com, PEC gazzano@namirialpec.it or request for clarification, even oral, or to tel. no. +39.342.5346053. The Company reserves the right to make its own response to the complaint as soon as possible and in any case within 30 days of its receipt.
It is the Customer's right to request from the Company copies of the certificates of conformity of the installations in the property as well as the insurance policy taken out by the owner to cover any damage caused to property or persons by the rented thing.

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Processing of personal data
The Client authorizes the Company to disclose his personal data to third parties in relation to contractual obligations arising from the rental relationship and/or services provided directly by vivisardinia.com as well as to fulfill the information obligations imposed by sector legislation at state, regional and municipal level. More information regarding the purposes and methods of treatment in compliance with the provisions of Art. 13 Reg. EU 679/16 (so-called Privacy Policy) are contained directly within the lease.
Interested parties are informed that the data controller is DANIELE GAZZANO., with registered office in Sorso (SS),loc. Lu Padru snc, C.F. GZZDNL80R25I452K.